définition - adel al zamel

Adil Zamil al-Zamil

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The neutrality of this article needs to be checked. This article is largely or entirely based on text from public domainUnited States government sources. This article may express the point of view of the United States government or may contain an unbalanced critical assessment. It may require editing to put it in compliance with Wikipedia's neutral point of view policy. (December 2009)

The CSRTs are not bound by the rules of evidence that would apply in civilian court, and the government’s evidence is presumed to be “genuine and accurate.”[6]From July 2004 through March 2005, a CSRT was convened to make a determination whether each captive had been correctly classified as an "enemy combatant". Adil Zamil al-Zamil was among the two-thirds of prisoners who chose to participate in tribunal hearings.[7]

A Summary of Evidence memo was prepared for the tribunal, listing the alleged facts that led to his detention. His memo accused him of the following:

Testimony

Discussion of Unclassified Evidence

Al Zamil's unclassified dossier contained a three page document entitled: "Unclassified Summary of basis for Tribunal decision."This document included a section entitled "Discussion of Unclassified Evidence", which stated, "the Tribunal found the following unclassified evidence persuasive in making its determinations:"

"Evidence" his Tribunal found "persuasive"

Exhibit R-2

...which documents an interview conducted with the detainee.

During the course of the interview[11], the detainee admits that he and several other individuals started al-Wafa offices in three Afghani cities, and that he worked in the Kabul office.

Exhibit R-2 was not included in Al Zamil's unclassified dossier.

Exhibit R-4

...is an FBI memorandum that documents how the detainee moved his family and the family of Abu Ghaith out of Afghanistan in late August/early September 2001.

Exhibit R-4 was not present in Al Zamil's unclassified dossier.

None of the Tribunal members invited him to address the allegation that he moved his family out of Afghanistan prior to the attacks of 9-11.

Exhibit R-5

...documents the fact that detainee was aware, after 11 Sep 01, that his associate Abu Ghaith was a member of al Qaida and a spokeman for Usama Bin Laden.

In his sworn statement, the detainee admitted his associations with al-Wafa and Abu Ghaith, and admitted moving his family and Ghaith's out of Afghanistan prior to 11 Sep 01.

He denied that he was associated with al Qaida, and denied that al-Wafa had anything to do with terrorism.

He also claimed that he was simply an employee of al-Wafa, not the person that established the offices in Afghanistan. He also denied prior knowledge of the 9-11 attacks.

Exhibit R-5 was not present in Al Zamil's unclassified dossier.

The Tribunal found the following unclassified evidence unpersuasive in making its

determinations:

The Tribunal found the Detainee’s sworn statement to be extremely self serving and felt that he was attempting to minimize any involvement he had with Abu Ghaith, al-Wafa or al Qaida.

The Tribunal found his testimony less than credible, and therefore not very helpful in reaching a determination.

The Tribunal also relied on certain classified evidence in reaching its decision.

Adiscussion of the classified evidence is found in Enclosure (2) to the Combatant Status Review Tribunal Decision Report.

Administrative Review Board

Captives whose CSRT labelled them "enemy combatants" were scheduled for annual Administrative Review Board hearings. These hearings were designed to judge whether the captive still posed a threat if repatriated to their home country.[12]

The factors for and against continuing to detain Al Zamil were among the 121 that the Department of Defense released on March 3, 2006.[14]

The following primary factors favor continued detention

a. Commitment

Detainee had prior knowledge of the 11 September 2001 attacks on the United States.

The detainee is considered a Takfiri, but would not be considered a Jihadist as he doesn’t have the fortitude to risk his own life for a cause.

Takfir Wa’al Hijra, or “the society that accuses nominal Muslims of unbelief,” originated in Egypt in the 1970s. The group name has been adopted outside of Egypt; those associated with it generally are outlawed because of their radical ideology, including goals supporting the overthrow of governments not based solely on Shari’a.

b. Connections/Associations

The detainee admits to establishing the al-Wafa organization with detainee Abu Abdel Aziz (a.k.a. Abdul Aziz al-Matrafi) and Samar Khand in Kabul, Herat, and Kandahar, Afghanistan. The detainee worked in the Kandahar office.

According to a foreign government service, the nongovernmental organization “Wafa” officially named “al Wafa al Igatha al Islamia” (Wafa Humanitarian Organization), headquartered in Saudi Arabia, was believed to have had connections to Usama Bin Laden and Afghan Mujahidin.

The detainee was closely associated with Suliman Abu Ghaith and admits that Ghaith was the spokesperson for al Qaida and Usama Bin Laden.

The detainee accompanied al Qaida Spokesman Sulaiman Abu Ghaith and his family to Karachi in order to assist Abu Ghaith with their safe departure from Pakistan.

The detainee stated Faiz Al Kandari stayed in his house for approximately one week.

The detainee was invited to the house of a man involved in the October 2002 attack on U.S. Marines on Faylaka Island, Kuwait.

The detainee possessed the telephone number of an individual in Kuwait who was shot and killed in October 2002 after he killed a U.S. Marine in Kuwait.

The detainee has been investigated by Kuwaiti authorities of being involved with the Takfir movement.

c. Other relevant data

The detainee stayed at a safe house for several weeks in Pakistan while waiting to flee the country. He was arrested at the house with sixteen other persons by Pakistani authorities.

The detainee had a history of extremist vigilante activity.

The detainee is considered a hard core extremist.

The following primary factors favor release of transfer

a. The detainee denied any knowledge of the al Wafa organization assisting al Qaida or the Taliban in any way.

b. The detainee denies any affiliation to a Kuwaiti opposition party.

c. The detainee claimed he was never a member of Takfir-Wa-Hijra.

Transcript

A two page transcript was released on March 3, 2006 indicating that captive 568 chose not to participate in his hearing.[15]

Board recommendations

In early September 2007 the Department of Defense released two heavily redacted memos, from his Board, to Gordon England, the Designated Civilian Official.[16][17]The Board's recommendation was unanimousThe Board's recommendation was redacted.England authorized his transfer on June 24, 2005.

"The detainee is a habeas petitioner in the case of Al-Odah v. Bush, Civil No. 02-0828 (D.D.C). As of this date of this memorandum, no court order requires the government to provide the detainee's counself or the court notice prior to removing the detainee from U.S. Naval Base Guantanamo Bay."

His Classified Record of Proceedings and basis of Administrative Review Board recommendation memo stated:

"The Administrative Review Board (ARB) determined that ISN 568 continues to be a threat to the United States and its allies."

Al Odah v. United States

Adil Zamil al-Zamil was among the eleven captives covered in the July 2008 "Petitioners' Status Report" filed by David J. Cynamon in Al Odah, v. United States on behalf of the four remaining Kuwaiti prisoners in Guantanamo. Seven other prisoners were amalgamated to the case, which charged that none of the men had been cleared for release, even though the government had completed factual returns for them -- and those factual returns had contained redacted sections.[18]

Repatriation and Acquittal

The Washington Post reported that the two main charges were that the detainees had helped fund Al Wafa, an Afghan charity with ties to Al Qaeda, and that they had fought alongside the Taliban.[23]Further, the prosecution argued that the detainees actions had endangered Kuwait's political standing and its relaitons with friendly nations.

The detainees'defense had argued that testimony secured in Guantanamo could not be used in Kuwaiti courts, because the detainees and interrogators hadn't signed them.[23] Further, they had argued, the allegations the USA had directed at them weren't violations of Kuwaiti law.

Al Zamil's trial began in March 2006, and he was acquitted on July 22, 2006.[24]

McClatchy interview

Adel al Zamel told McClatchy reporters he had worked for the Kuwaiti housing authority until 2000 when he moved to Afghanistan to work for the al Wafa charity, and that he had never been anything more than a charity worker, distributing food and overseeing small infrastructure projects.[31]

Adel al Zamel told McClatchy reporters that he still hadn't recovered from his initial meetings two and a half months earlier, when he was transferred to Guantanamo.[31] He described being shown a diagram, with three names on it, linked by arrows: UBL, Abu Ghaith, "you", linked by arrows. When he denied being linked to Osama bin Laden he was locked, for a month, in a small metal box, with no toilet facilities:

"The cell was hot. I couldn't sleep at night. The pillow was soaked with my sweat. There was a small opening in the cell wall; I used to push my nose to it. I used the bathroom on the floor; there was nothing else to do."[31]

"I thought they were going to kill me, and then I thought they were going to leave me in there until I died. I was losing my mind. I started to think that one day they were going to open the door and let a lion in to eat me. The world was getting smaller and smaller."[31]

Adel al Zamel told reporters that during 2005, his last year in Guantanamo, interrogators repeatedly threatened that he would be transferred to a torture state, for more brutal interrogation.[31]

Adel al Zamel said that, finally, the interrogators treatment cracked his will, and he told them[31]:

The McClatchy report stated Adel Al Zamel and some associates had been sentenced to a year in prison for an attack on young woman they thought was being too publicly affectionate with her boyfriend.[31]